NOTICE OF REVOCATION AND RESTITUTION (By Consent)
Case No. 97-250-GA Leonard D. McMahon, P-23603, Detroit, Michigan, by Attorney Discipline Board Tri-County Hearing Panel #29.
1) Revocation; 2) Effective March 27, 1998. Respondent represented a decedent's estate in two separate civil actions. While the second action was pending, respondent borrowed $15,000 from the settlement proceeds of the first action, and executed a promissory note to the personal representative. Respondent entered a plea of nolo contendere to allegations that he failed to disclose the potential conflict of interest to the heirs or the personal representative; failed to advise the heirs of the loan; failed to advise the heirs or the personal representative to seek the advise of counsel prior to entering into the transaction; and failed to repay the loan. Respondent's conduct was alleged to be in violation of MCR 9.104(1)-(4); and Michigan Rules of Professional Conduct 1.8(a) and 8.4(a)-(c).
The parties stipulated that respondent's license to practice law in Michigan be revoked for the second time,1. and that he make restitution to the estate in the amount of $15,000. Costs were assessed in the amount of $870.51. 1. Respondent's license to practice law was also revoked in a separate matter, effective May 20, 1997.